TERMS & CONDITIONS
This website (the “Website”) is operated by Nugz. Throughout the Website, the terms
“we”, “us” and “our” refer to Nugz. Nugz offers this Website, including all information, tools
and services available from this Website to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the Website,
including without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the Website, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our Website. It is your
responsibility to check this page periodically for changes. Your continued use of or access
to the Website following the posting of any changes constitutes acceptance of those
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any of your
minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to
You must not transmit any worms or viruses or any code of a destructive nature, and are
prohibited from attempting to circumvent and from violating the security of this Website or
otherwise interfering with the proper working of the Website.
A breach or violation of any of the Terms will result in an immediate termination of your
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on any website or
application through which the Service is provided, without express written permission by
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 – INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You understand and agree that the Website and its entire contents, features, and
functionality, including but not limited to all information, software, code, text, displays,
graphics, photographs, video, audio, design, presentation, selection, and arrangement, are
owned or licensed by Nugz, or other providers of such material, and are protected in all
forms by intellectual property laws including without limitation, copyright, trademark,
patent, trade secret, and any other proprietary rights.
You must not use the Nugz name or logo without our prior written permission. All other
manufacturer brand names and logos on the Website are registered trademarks of their
respective owners, who have no association with or make any endorsement of the
products or services provided by Nugz. Any use by Nugz of a brand name or model
designation is made solely for the purpose of demonstrating compatibility with Nugz’s
products and all names, logos, product and service names, designs, images and slogans
mentioned or which appear on this Website are the trademarks of their respective third
party owners. Use of any such property, except as expressly authorized, shall constitute a
violation of the rights of the third party owner and may be a violation of federal or other
laws and could subject the violator to legal action.
Users are not permitted to modify copies of any materials from this Website nor delete or
alter any copyright, trademark, or other proprietary rights notices from copies of materials
from this Website. You must not use for any commercial purposes any part of the Website
or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms, your
right to use our Website will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made. You have no right, title, or interest in or
to the Website or to any content on the Website, and all rights not expressly granted are
reserved by Nugz. Any use of the Website not expressly permitted by these Terms is a
breach of these Terms and may violate copyright, trademark, and other intellectual
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate,
complete or current. The material on this Website is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to modify the
contents of this Website at any time, but we have no obligation to update any information
on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof) without notice at
any time. We shall not be liable to you or to any third party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input. You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools. Any use by you of optional tools offered
through the Website is entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are provided by the relevant
We may also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials
from third parties. Third-party links on this Website may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials, products, or services of
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any thirdparty websites. Please review carefully the third party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’),
you agree that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or third
parties as to the origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third party.
SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. When you voluntarily submit your personal information to Nugz and use our
Website you consent to the collection, use, reproduction, hosting, transmission and
deem necessary for use of the Website and provision of any services.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information if any information in the
Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any related website has
been modified or updated.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, you understand and agree that your
use of the Website, its contents, and any items or information found or attained through
use of the Website is at your own risk.
We do not guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results that may be
obtained from the use of the Service will be accurate or reliable. You agree that from time
to time we may remove the Service for indefinite periods of time or cancel the service at
any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service and all products and services delivered to you through the Service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by law, in no case shall Nugz, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your use of any
of the Service or any products procured using the Service, or for any other claim related in
any way to your use of the Service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of the
use of the Service or any content (or product) posted, transmitted, or otherwise made
available via the Service, even if advised of their possibility.
SECTION 13 – INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and
hold harmless Nugz, our parent, subsidiaries, affiliates, and our respective partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
SECTION 14 – WAIVER
No waiver under these Terms of Service is effective unless it is in writing and signed by an
authorized representative of the party waiving its right. No failure to exercise, or delay in
exercising, any right, remedy, power or privilege arising from these Terms of Service
operates, or may be construed, as a waiver thereof. No single or partial exercise of any
right, remedy, power or privilege hereunder precludes any other or further exercise thereof
or the exercise of any other right, remedy, power or privilege.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or
in respect to the Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services
shall be governed by and construed in accordance with the laws of the Province of
Quebec and the federal laws of Canada applicable therein, without giving effect to any
choice or conflict of law provision, and notwithstanding your domicile, residence or
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our Website. It is your responsibility
to check our Website periodically for changes. Your continued use of or access to our
Website or the Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.